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CITY OF MARTINSVILLE v. BD. OF SUP'RS, ETC.

Record No. 790813.

281 S.E.2d 883 (1981)

CITY OF MARTINSVILLE, et al. v. BOARD OF SUPERVISORS OF HENRY COUNTY, et al.

Supreme Court of Virginia.

September 11, 1981.

Attorney(s) appearing for the Case

David B. Worthy, City Atty., for appellants.

L. Dale McGhee, County Atty., Edwin A. Gendron, Jr., Martinsville (Gendron, Kirby & Smith, Martinsville, on briefs), for appellees.

Before CARRICO, C. J., and HARRISON, COCHRAN, POFF, COMPTON and STEPHENSON, JJ.

COMPTON, Justice.

In this appeal, we consider whether a city may properly exercise its common-law right to sell surplus water in an adjoining county without the county's authorization and consent.

Appellee Board of Supervisors of Henry County filed in December of 1978 a motion for declaratory judgment against appellant City Council of the City of Martinsville seeking a determination of the rights of the parties for providing water service within the County...

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